I was mulling over notes and web addresses for today’s column when I realized I could juxtapose a couple of early ideas, both related to the last words of condemned prisoners. The result is an article that affects different people in different ways.

The Texas Department of Criminal Justice publishes a database of executions covering the past quarter century. I held back running an article on it because it’s clunky to use, requiring multiple clicks to peek at a single prisoner’s last statement… if he made any at all. It’s not the most user friendly database; both the design and presentation are amateurish, which makes it more difficult to work with as a research tool. Still, the value is in having the data itself.

I embarked on a mission to recast the Texas Criminal Justice data in a way readers can study the impact. You can find the results of this effort in Criminal Brief’s Last Words of Executed Prisoners in Texas.

It’s impossible to work on such a project without picking up vibes about it, ‘vibes’ being the code word when a guy doesn’t want to talk about feelings. Like in writing, a character’s observation not only tells you about the observed, but about the observer, and ultimately about the author. The same is true of the clerks who enter the statements of condemned prisoners or ‘offenders’ in TDJC parlance.

Some are callous or dismissive, such as "Mumbled something about he wished his whole life would have been spent as Islamic," and later "some more Allah mumbling," presumably a prayer. I suppose it wasn’t like the prisoner would be complaining the next day. One or two paraphrase remarks, like "His final statement lasted 3 minutes. He thanked everybody that fought against his sentence. He spoke to his family and said he would carry their love with him." Most are meticulous in capturing the words. And at least one mentioned the microphone wasn’t placed close enough to pick up prisoner’s words.

A major revelation was discovering the lethal injection doesn’t wait for a condemned’s last words. More that one prisoner mentioned feeling it, tasting it, or going to sleep, and one said it wasn’t bad at all. Recording clerks mentioned a couple of instances in which the prisoner passed out before finishing his last statement.

Statements

It would be too easy to categorize last words into a handful of responses, but following are observations:

Many abjectly apologize and expressed sorrow and shame.

Others proclaim their innocence.

Several pray or express religious verses or views.

A very few vent anger or mention revenge.

Two or three complain about white juries and officials.

Some champ at the bit with words like:

Let’s do this.

Rock ‘n’ roll.

Lock ‘n’ load.

Let’s dance.

A few wrap up saying "It’s finished."

Many express love for others.

Some thank the warden.

A couple reek of insanity.

About a tenth don’t respond at all.

It becomes clear in these executions that a thousand tragedies occurred. Some stories are poignant, such as Samuel Gallamore, who expressed gratitude for the forgiveness of his victim’s family. Another mentioned family members on death row. (Two may have suggested family members on death row, but it’s difficult distinguishing prisoners’ use of the term "brothers".)

What we’ve learned from the Innocence Project virtually assures us some number of these men are not guilty, not that anyone should buy every claim of innocence– many have that sound of deluded denial. Others are victims of guilt by association or felony murder rule, guilty not of pulling the trigger but of a legality.

But a few, despite former Governor Bush’s assurance no one was ever wrongly executed in Texas, make me wonder. Recent statistics suggest from 7 to 17 out of every 100 criminal convictions may not be guilty. Even if death row convictions have, as some argue, a lower wrongful percentage, that’s still a significant number when you do the math in a state that executes more prisoners than any similar jurisdiction, in fact more than many nations. Congress and the Supreme Court have worked diligently to make wrongful convictions difficult to overturn.

Statistics

For those who are curious, whites are considerably underrepresented and black prisoners are executed about three times more than their statistical average. Interestingly, despite concerns about illegal immigrants, Hispanic offenders on death row while reflecting the national average at 16%, represent less than half their population in Texas itself (37%). Bearing in mind census polls allow multiple choice in which some parties identify as mixed white or black so totals appear to ‘exceed’ 100%, the number of prisoners by race are:

While Texas proudly proclaims its supremacy and prowess in capital punishment, Florida ranks number 2. In the National Open Finals, Gov. George Bush beat out Gov. Jeb Bush after a carpal tunnel injury let slip the gains made by Gov. "Boil’em Bob" Martinez.

Of course we botched a few executions, both literally when Old Sparky sparked and scorched, and when we managed to execute a few now believed to have been innocent. Both Texas and Florida embrace the maxim it’s better to roast a few innocents than let one guilty get away under the "Let God sort ‘em out" theory of justice.

The last words in this case relate to one of our famous serial killers, Ted Bundy, but the words aren’t Bundy’s. This remarkable statement comes from the presiding judge when sentencing Bundy to death, Judge Edward Cowart:

"It is ordered that you be put to death by a current of electricity, that that current be passed through your body until you are dead.

Take care of yourself, young man. I say that to you sincerely; take care of yourself, please. It is an utter tragedy for this court to see such a total waste of humanity as I’ve experienced in this courtroom.

You’re an intelligent young man. You’d have made a good lawyer and I would have loved to have you practice in front of me, but you went another way, partner. Take care of yourself. I don’t feel any animosity toward you. I want you to know that. Once again, take care of yourself.”

20 comments

Hey Leigh, this is a great article on a controversial subject! On a closely related note, you know what I find a bit “scary” about the U.S. legal system? The incarceration rate, which seems to me almost incredibly, mind-bogglingly high. To put it in perspective, this is a list of numbers of prisoners per 100,000 population in different countries:

And the U.S. has 760. 760 prisoners per 100,000 population! This is what I find far more problematic and in need of change than the few people wrongfully executed, which is of course tragic but, I guess, inevitable in any nation that still practices the death penalty: the U.S., Japan, PRC, etc. (I’m thinking these hopefully very few cases are comparable to innocent bystanders who are accidentally shot and killed by the police in the line of duty). However, the incarceration rate in the U.S., which is four times the world average–no doubt in part owing to the War on Drugs–is the issue that most needs to be addressed here, I think. What’s your opinion on this?

Josh, this continues to trouble me too, that the US locks up far more of its citizens (proportionally) than most of the countries (including repressive ones) on the planet. I’m not sure it can be blamed on the war on drugs as much as the 3 Strikes laws and other “get tough” measures. Part of the problem is that we not only lock up more of our citizens, we lock them up longer. What sense does it make imprisoning someone 5 years for stealing a bicycle?

States do little or nothing to rehabilitate or retrain. A few years ago, the State of Florida gutted prison libraries partly as extra punishment, partly because they were afraid gardening or woodworking books could be used to aid survival on the lam. (Pardon me while I scoff.)

I’ve wondered how much our Puritan heritage is to blame, distant as it is, but one thing for certain, the present mindset isn’t working. It certainly hasn’t lowered our staggering murder rate.

Leigh I know you’ve been waiting with baited breath for me to weigh in here.

My take is don’t come to Texas and commit a crime. Period the end.

2ndly as for incarceration in the US, perhaps if the government (both federal and state) would do what they are supposed to in the first place incarceration “might” be less. But since we tend to be so damn nice *PC* to everyone and allow them rights I don’t even have (specifically immigrants who are very welcome to this country in light of becoming citizens but oh no it’s more lucrative to remain illegal —heavy emphasis there since the adjective is abused—) we’d be a much safer and better place to be.

As for the ethnicity of the subjects in Texas to imply the state is racist is as ludricous as saying I don’t like Obama because he is black. Nonsense! I don’t like his politics, regardless of ethnnicity! And to make it quite clear, that goes for the white half of his ancestry as well. One most go beyond to social mores, etc rather than simply ethnicity.

Touchy subject you touched on and not being one to back down, as I said, don’t come to Texas and commit a heinous crime!!!

I didn’t suggest Texas was any more or less racist than anywhere else… it might even be less than some other places. I mention it because one of the arguments made federally (and futilely) against capital punishment is that black folks are disproportionally executed, and this small repository suggests that is true.

I’m not sure what rights illegal immigrants have that citizens don’t, but this small sample hints Hispanics are considerably less violent (and Asians least of all). But, for many reasons, it’s not practical to draw statistical inferences from small, isolated, and skewed samples like this on. All one can say is this is what appears here and not generalize beyond that.

The real texture of this is the message of the messages, the interesting and sad, poignant, prayerful, terrifying, touching, tender, helpless, hopeful, and heartfelt messages of men moments from their demise. In the end, that’s all that’s left.

hmmmmm darlin’ I saw underlyin’ hints at Mr. Bush….and the way things might be handled!!! But whatever……

That may be historically true of the ethnicities you mentioned as non violent, however, one might ask if you’ve researched the insurgence of gangs, etc in certain states that are taking steps to protect their citizenry.

I am not elbowing your right to opinion, I’m just saying that things that are historically reported are no longer relevant. We have a real and complex and growing problem.

And I’m not saying the death penalty is always an answer because its not. Nor is incarceration. However, in lieu of anyone coming up with better ideas…I’d say it’s the better of many.

As for “rights” try on terrorists who are not citizens who’ve conquered a quest of twin towers and are being treated like citizens….only better? hmmmmmmmmmm

I’ve wondered how much our Puritan heritage is to blame, distant as it is, but one thing for certain, the present mindset isn’t working. It certainly hasn’t lowered our staggering murder rate.

Actually, murder rates in the U.S. have been declining, albeit slowly. According to the FBI, there was a 7.2% decrease between 2009 and 2008; in the South (which includes both Texas and Florida), the decrease was 7.8%.

I don’t think that Puritan heritage has anything to do with it. Neither Florida nor Texas has anything like a Puritan heritage culturally — they were populated from the South rather than New England, by Episcopalians, Methodists, and Baptists. Think of Boston, the Puritan capital of America, and these days you’re much more likely to be talking about Irish Catholics than Presbyterian Brahmins.

This is a difficult and complex subject, to be sure. These last words are indeed, as Leigh points out, “interesting and sad, poignant, prayerful, terrifying, touching, tender, helpless, hopeful, and heartfelt”. But I cannot help thinking that murder victims generally don’t even get a chance to reflect on their lives and to leave a message for loved ones. If one could record the last words (or thoughts) of the victims, I bet they would make for an even more heartbreaking experience.

Once upon a time I was a staunch believer in the death penalty. Now I am nearly entirely opposed to it. Not so much out of fear an innocent person might get executed but more because i do not believe it is truly a deterrent and because death seems to be an easy way out for some of these people. it was Timothy Mcveigh, the OKC bomber that changed my mind. They said he spent his last year rarely sleeping because when he did he had horrible nightmares and cried out until he woke himself.

I suppose some could argue he is still being torment in a fiery hell, but being as it is not my place to judge I am not taking that for granted. I preferred knowing he had no peace of mind.

I wonder why Judge Edward Cowart told Ted Bundy “Take care of yourself” four times. What did he mean, exactly? Take care of yourself on death row, so Old Sparky can take care of you? Take care of yourself in hell? What?

If there was any one guy who truly deserved the death penalty, it’s probably this guy. (Or maybe he just deserved to rot in prison? I really am really not sure.)

Yoshinori, my take as the judge sat through the trial, he observed a guy who was intelligent, articulate, charming, and a guy who even pulled off a legal trick during the trial. Most of us see Bundy as the embodiment of evil, but I think the judge went far beyond us, seeing what could have been but was forever lost.

Without being too cosmic about it, the judge sent multiple messages, the simplest which might have been to prepare and get right in his final weeks. Some condemned do; Bundy wasn’t capable of that. I think the judge managed to set himself outside the usual emotions of anger and disgust and let Bundy (and us) understand he had no place for revenge or rage, only respect and sadness for the human condition.

Well, yes, I see what you mean. However, what I don’t quite understand is this: a guy rapes and kills dozens and dozens of young women. A frantic manhunt ensues. At last he is caught, put on trial, and promptly sentenced to death. And the judge keeps impressing on him, “Take care of yourself.” I am not sure I quite follow… ?

Was the judge being cynical? Or maybe he said that because he felt, now that Mr. Bundy would pay the ultimate price for his crimes, he could afford to be magnanimous. Or perhaps now I am being cynical?

Alisa: Yes, probably.
By the way, isn’t what Travis said just the exact opposite of what you are saying? LOL. Personally, I am inclined to be against the death penalty, but when I think of the likes of Mr. Bundy (serial rapist and murderer, non-repentant and cruel, arrogant and hateful) I am suddenly not so sure anymore… perhaps the death penalty should really be imposed only in cases of multiple murders, and those that are the most extremely violent, heinous, and unspeakably evil, at that.

Well, sometimes people end up on death row, although they were convicted of “only” one murder: a guy who shot a highway patrolman, or murdered an old lady in the course of a burglary, etc. And even among the multiple murderers who are sentenced to death, only very, very few committed atrocities comparable to the ones Ted Bundy committed… or Jeffery Dahmer, or Gary Ridgway. In fact, I would say 98% don’t even come remotely close. (And thank God for that!)

But I’m thinking maybe some of these guys should be given life sentences with or without the possibility of parole, in lieu of death sentences. You know what I mean?

You’re right, alisa: it can take up to ten years for appeals to run their course.

Once a judge and jury convict, the rules abruptly change. Even if a defendant can prove post-trial “actual innocence”, the odds are against his getting the chance, as mentioned above regarding Congress and the Supreme Court. He must prove either attorney incompetence or judicial misconduct, which seldom works. Witness recantations don’t count.

The AEDPA cut off many federal judges’ remedies for unjust convictions. Under the 1996 act, even proof of a demonstrably wrongful conviction of an innocent person is no basis for relief in a habeas case.

Months ago, the Supreme Court ruled the prosecution is not required to turn evidence over to the defense post-trial. Thomas, Scalia, and Alito emphasize the "finality of judgment" as being their overriding concern, that finality is more important than actual innocence. As Justice Scalia states, the Court “has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a habeas court that he is ‘actually’ innocent.”

Then you get appeals judges like Texas’ Sharon Keller who stated she’s “prosecution oriented”. In one case, she refused to allow a new trial when new DNA evidence appeared (and later proved) to vindicate a mentally retarded defendant. In another, she ruled a police tortured confession and perjured testimony were not sufficient to grant a new trial. In a third case, she closed the courthouse doors to a last minute appeal allowing execution #245 (Michael Richard) to occur by default. This judge in her own ethics trials sought extensions she wouldn’t grant to others, appealed for personal legal funding from the state, appeared to have perjured herself, and hid $2.4 million of her own assets.

Florida is little different. Willie Darden was likely innocent but with pushes toward “finality” and a governor likely to lose an election, new witnesses were never heard. Michigan and other states have incarcerated men the Innocence Project believes (or can prove) are innocent, but the judicial machinery is geared to oppose them.

It’s possible, even likely, Georgia’s Troy Davis is innocent, but judges at his 2001 hearing, and every hearing since, have been judicially barred from considering the evidence of his innocence. The state’s witnesses who convicted him say they lied and the holdout is most likely the actual murderer, but that evidence has been kept from review by technical rules.

As you say, the convicted have plenty of time to appeal, but time isn’t the critical factor, rather it’s the hobbling rules of appeals that fail the common sense tests you and I would apply to a justice system.

Footnote: It’s relatively cheap to incarcerate, particularly if a prisoner works (which most choose to do) as opposed to execute. The cost of execution is astonishingly high.

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